New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007

- As at 11 October 2023 
- Act 64 of 2007 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Relationship to other laws and matters
   4.      Definitions
   5.      Eligible Judges and Magistrates
   6.      Act to bind Crown

   PART 2 - REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES
   Note

   7.      Prohibition on installation, use and maintenance of listening devices
   8.      Installation, use and maintenance of optical surveillance devices without consent
   9.      Prohibition on installation, use and maintenance of tracking devices
   10.     Prohibition on installation, use and maintenance of data surveillance devices
   11.     Prohibition on communication or publication of private conversations or recordings of activities
   12.     Possession of record of private conversation or activity
   13.     Manufacture, supply and possession of listening and other devices for unlawful use
   14.     Communication and publication of information from the use of a data surveillance device

   PART 3 - WARRANTS

           Division 1 - Preliminary

   15.     Types of warrant
   16.     Who may issue warrants?

           Division 2 - Surveillance device warrants

   17.     Application for a surveillance device warrant
   18.     Remote application
   19.     Determining the application
   20.     Contents of surveillance device warrants
   21.     What a surveillance device warrant authorises
   22.     Extension and variation of surveillance device warrant
   23.     Revocation of surveillance device warrant
   24.     Discontinuance of use of surveillance device under warrant

           Division 3 - Retrieval warrants

   25.     Application for a retrieval warrant
   26.     Remote application
   27.     Determining an application
   28.     Contents of retrieval warrants
   29.     What a retrieval warrant authorises
   30.     Revocation of retrieval warrant

           Division 4 - Emergency authorisations

   31.     Emergency use of surveillance devices--threat of serious personal violence or substantial property damage
   32.     Emergency authorisation--continued use of authorised surveillance device in participating jurisdiction
   33.     Application for approval after use of surveillance device without warrant or under emergency authorisation
   34.     Consideration of application
   35.     Eligible Judge may approve emergency use of powers
   36.     Admissibility of evidence

   PART 4 - RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS

   37.     Corresponding warrants
   38.     Corresponding emergency authorisation

   PART 5 - COMPLIANCE AND MONITORING

           Division 1 - Restrictions on use, communication and publication of information

   39.     What is protected information?
   40.     Prohibition on use, communication or publication of protected information
   41.     Dealing with records obtained by use of surveillance devices
   42.     Protection of surveillance device technologies and methods
   43.     Protected information in the custody of a court

           Division 2 - Reporting and record-keeping

   44.     Reports to eligible Judge or eligible Magistrate and Attorney General
   45.     Annual reports
   45A.    Annual report of Department
   46.     Keeping documents and records connected with warrants and emergency authorisations executed in this jurisdiction
   46A.    Keeping documents and records connected with warrants and emergency authorisations executed in participating jurisdictions
   47.     Register of warrants and emergency authorisations

           Division 3 - Inspections

   48.     Inspection of records by Inspector
   49.     Report on inspection

           Division 4 - General

   50.     Evidentiary certificates

   PART 6 - MISCELLANEOUS

   50A.    Police use of body-worn video
   51.     (Repealed)
   51A.    Surveillance Devices Commissioner
   51B.    Delegation
   52.     Requirement to inform subject of surveillance
   53.     Use of assumed names or code-names in warrant
   54.     Service of documents
   55.     Time for instituting proceedings for certain offences
   56.     Consent of Attorney General to prosecutions
   57.     Offences by corporations
   58.     Orders for forfeiture
   59.     Regulations
   60.     Savings, transitional and other provisions
           61, 62. (Repealed)
   63.     Review of Act
   64.     Review of Surveillance Devices Amendment (Police Body-Worn Video) Act 2014
           SCHEDULE 1
           Schedule 2 (Repealed)